ASP 2017: Day Nine Summary – Marathon diplomatic negotiation criminalizes aggressive war at ICC

Assembly of States Parties 2017
Marathon diplomatic negotiation criminalizes aggressive war at ICC

Summary Day Nine
Assembly of States Parties 2017

In the very early hours of 15 December, 123 states reached consensus on bringing justice one step closer for victims of aggressive wars. 
For the first time since the post-WWII trials in Nuremburg and Tokyo, an international court may be able to hold leaders individually criminally responsible for the crime of aggression, at times referred to as the ‘Crime against Peace’.

Get all the updates from the final day of ASP, Day Nine, here.

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NEED TO KNOW: ASP 2017

Day One: UN Secretary General, ICC President and Prosecutor call for global justice effort

Day Two: Judges’ elections rule the day

Day Three: Elections’ finale, general debate commences

Day Four: General Debate dominates; Talks on Crime of Aggression activation

Day Five: NGOs enter the fray, justice policy talks ahead of Rome Statute 20th

Day Six: State cooperation crucial for an effective ICC

Day Seven: Building better institutions for global justice

Keep up to date with our daily summaries from ASP 2017 plenary discussions, side events, and other key developments, as well as related news coverage and publications. Follow us on Twitter with the hashtag #ASP16 for real time updates..

Daily Agenda: ASP 2017
ASP 2017: Background, documents & more
Coalition key recommendations to ASP 2017
Will it be activated? All you need to know
2017 at a Glance: International Criminal Court
Campaign on ICC elections: Elect the best
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Syria Deeply: Join Our Deeply Talks: Diplomacy and Deadlock in Syria

Dear Syria Deeply community,

Peace talks between the Syrian government and the opposition in Geneva are expected to end next week, just days before Russian-sponsored negotiations in the Kazakh capital of Astana are scheduled to kick off December 21.

In our upcoming Deeply Talks, we’ll take a closer look at the recent flurry of diplomacy, and explore prospects and challenges of a settlement for Syria ahead of Russia’s proposed Syrian National Congress, which is slated to be held in the city of Sochi in early 2018. You can catch up on the latest developments in our daily Executive Summaries.

Join us Thursday, December 14, at 10:30 a.m. EDT (4:30 p.m. CET), for a conversation with Rami Khouri, senior public policy fellow at the American University of Beirut, and Maxim Suchkov, editor of Al-Monitor’s Russia-Mideast coverage.

The 30-minute call, moderated by Syria Deeply’s deputy managing editor, Hashem Osseiran, will examine the motives underlying Moscow’s diplomatic efforts; Washington’s position toward Russian-sponsored peace efforts; and whether a resolution to the war is in sight.

To RSVP and receive dial-in instructions click here.

If you’d like to ask our editor or guests a question in advance, please respond to this email.

Warm regards,

Kim Bode

Community Editor

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Syria Justice and Accountability Centre: Race to the Ballot Box – UN Must Learn from Past Mistakes, Avoid Pre-Mature Elections in Syria

SJAC Update | December 12, 2017
Syrians cast their vote in a controversial presidential election in 2014. Although the government claimed voter turnout was at 73%, many observers criticized the process and said the results were illegitimate. | Photo from Wikimedia

Race to the Ballot Box: UN Must Learn from Past Mistakes, Avoid Pre-Mature Elections in Syria

Last week, the eighth round of UN-sponsored peace negotiations between the Syrian government and the opposition began in Geneva. Leading the talks, Syria Special Envoy Staffan de Mistura prioritized discussion of elections. In March 2016, de Mistura had proposed an 18-month timeline for the election date, and the issue has continued to be on the top of his agenda. His emphasis on elections is likely a strategic one. Elections would symbolize a turning point in the conflict and signal that recovery is on the horizon. It would also lessen an overwhelming obstacle in the negotiations – who will lead in post-conflict Syria – by leaving the decision to the Syrian public. Despite these benefits, the Special Envoy should bear in mind lessons-learned from past transitional elections and avoid prioritizing a short-term win over adherence to best practices.

Some scholars argue the promise of early elections is vital to peace and democracy in post-conflict settings because they facilitate peace settlements, encourage international actors to contribute peacekeeping forces, and expedite democratization processes. But elections also carry a number of risks, particularly in unstable post-conflict contexts:

  1. Renewed violence: In transitional elections, security issues are a primary concern. Early elections in the absence of demobilization or disarmament efforts increases the likelihood that one side to the conflict will reject the results and return to armed conflict. This is especially true when there is no means of power-sharing and government institutions have not been rebuilt. In 2010, a presidential election in Côte d’Ivoire descended the nation into a renewed civil conflict after losing candidate Laurent Gbagbo refused to cede power and forces loyal to each candidate took up arms.
  2. Inaccessible ballot locations: Insecurity and violence will also prevent voters from going to the polls. Moreover, some 11 million Syrians have fled their homes since the war began. Ensuring that displaced peoples have a safe, confidential, and practical means of voting will require resources, infrastructure, and coordination with states that are hosting refugees. Without security at ballot boxes or an opportunity for the displaced to vote, the results of any election will be skewed and seen as illegitimate.
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The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org.

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War Crimes Prosecution Watch: Volume 12, Issue 20 – December 11, 2017

 


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 12 – Issue 20
December 11, 2017

Editor-in-Chief
James Prowse

Technical Editor-in-Chief
Samantha Smyth

Managing Editors
Rina Mwiti
Alexandra Mooney

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.

Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.

Contents

AFRICA

CENTRAL AFRICA

Central African Republic

Sudan & South Sudan

Democratic Republic of the Congo

Burundi

WEST AFRICA

Côte d’Ivoire (Ivory Coast)

Lake Chad Region — Chad, Nigeria, Niger, and Cameroon

Mali

EAST AFRICA

Uganda

Kenya

Rwanda (International Criminal Tribunal for Rwanda)

Somalia

NORTH AFRICA

Libya

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Yemen

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

Israel and Palestine

Iraq

Syria

Afghanistan

AMERICAS

North & Central America

South America

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Gender-Based Violence

Commentary and Perspectives

WORTH READING


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To unsubscribe from this group and stop receiving emails from it, send an email to warcrimeswatch+unsubscribe@case.edu

Syria Deeply: Diplomacy and deadlock in Syria; Moscow declares end of ISIS and partial withdrawal of Russian forces

Syria Deeply
Dec. 12th, 2017
This Week in Syria.

Welcome to Syria Deeply’s weekly summary of the top coverage of the crisis in Syria.

As part of our Deeply Talks series, Syria Deeply will host a live 30-minute conversation with Rami Khouri, senior public policy fellow at the American University of Beirut, and Maxim Suchkov, editor of Al-Monitor’s Russia-Mideast coverage, about the recent flurry of diplomatic discussions that aims to set the stage for a settlement to the near seven-year conflict. To RSVP and to receive dial-in instructions, click here. To submit questions for our editors or guests, email our community editor Kim Bode (kim@newsdeeply.com) or tweet us @SyriaDeeply with the hashtag #DEEPLYTALKS.

Peace Talks: The Syrian government’s delegation returned to Geneva on Sunday to rejoin United Nations-sponsored peace talks, just a day before Kazakhstan’s foreign ministry announced that a new round of negotiations in Astana is scheduled to start next week.

Two-day talks in the Kazakh capital are expected to begin December 21, days after U.N.-sponsored discussions in Geneva are expected to end. The U.N. special envoy for Syria, Staffan de Mistura, previously said talks in the Swiss city would run until December 15, but as of Tuesday it remained unclear how long negotiations will continue.

The lead negotiator in the government’s delegation to Geneva, Bashar al-Jaafari, quit negotiations more than a week ago, and said that there would “be no progress” as long as the opposition did not reverse its call for the removal of President Bashar al-Assad before the start of a political transition.

As they have in previous rounds of Astana negotiations, representatives from Russia, Iran and Turkey are expected to attend the talks later this month. However, Iraq’s ambassador to Russia, Haidar Mansour Hadi, said on Tuesday that Baghdad would also like an invitation to Astana, according to Russian TASS news.

“I want to ask the Russian leadership to invite Iraq to attend the talks in Astana,” Hadi said in a meeting with Russian politician Konstantin Kosachev.

Putin’s Promises: President Vladimir Putin said he ordered a “significant part” of Moscow’s troops to begin their withdrawal from Syria on Monday, during a surprise visit to Russia’s Hmeimim air base near the coastal Syrian province of Latakia.

“The conditions for a political solution under the auspices of the United Nations have been created,” Putin said, according to Reuters. “Friends, the Motherland is waiting for you. You are coming back home with victory,” he said, according to the Associated Press.

Russia’s commander in Syria, Gen. Sergei Surovikin, said Moscow will withdraw “23 warplanes, two helicopter gunships, special forces units, military police and field engineers.” He did not specify how many soldiers and weapons would remain, but said it would be enough to “successfully fulfill the tasks” of stabilizing the situation in Syria, according to the Associated Press.

Putin has previously made similar statements but they did not result in a major or permanent withdrawal of Russian forces from Syria.

Moscow’s decision comes days after it declared the complete defeat of the so-called Islamic State in Syria. “There is not a single village or district in Syria under the control of [ISIS]. The territory of Syria has been completely liberated from fighters of this terrorist organization,” senior military officer Sergei Rudskoi told reporters.

Syria Deeply has not been able to independently confirm the absence of ISIS in every “single village or district” in the country.

Read our Daily Executive Summaries

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Women at the Forefront of Saving Syria’s Heritage

Syrian women at home and abroad are leading efforts to safeguard Syria’s cultural heritage and ensure that traditions are preserved in the wake of years of conflict and widespread displacement.

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WAR ECONOMY

Eyes on Damascus: Exchange Rates, Financial Restrictions and Subsidized Fuel

As the Syrian government and foreign powers look to wind down the war in Syria, we are closely monitoring developments on the ground in the capital for our monthly report from Damascus.

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HUMAN RIGHTS

Escaping Europe: Why Some Syrian Refugees Have Chosen to Leave

The route from Turkey to Greece was once crowded with Syrian asylum seekers fleeing to Europe. But in recent months some refugees have begun to move in the opposite direction because of what they describe as a rise in anti-Muslim sentiment in host countries.

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Community Insight

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Youmna al-Dimashqi,  Independent Syrian Freelance Journalist

For medical professionals in ISIS’ former stronghold of Raqqa, trying to save lives meant risking shelling, airstrikes and arrest.

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Mona Alami,  Nonresident Fellow, Atlantic Council’s Rafik Hariri Center for the Middle East

The Hayat Tahrir al-Sham Alliance is distancing itself from hard-line al-Qaida loyalists in its latest attempt to reinvent itself as a pragmatic local player among the opposition, writes Levant researcher and journalist Mona Alami.

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DISPLACEMENT

A Nation in Pieces: Views From Syrians in Exile

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Sima Ghaddar,  Contributor, The Century Foundation

Syrians living in Lebanon, Europe and the U.S. reveal a common conviction that national unity and a common sense of identity are necessary to rebuild the country, but most say that both seem distant in a country divided along ethnic-sectarian lines.

FIRST LOOK

Upcoming coverage

We are always looking for new writers, experts and journalists who are covering the crisis in Syria and are interested in writing about a variety of topics. Please send us your ideas, story pitches and any other thoughts about our coverage via email, Twitter or Facebook.